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DIS takes Kgosi to court for media expose

Former spy boss, Colonel Isaac Kgosi will before the end of this month appear before the court of law for a possible charge of exposing the Directorate of Intelligence and Security (DIS) operations to the public.

Section 19 of the Intelligence Security Services entails the prohibition of disclosure of identity. It states that, A person who discloses the identity of another person which he or she has obtained or to which he or she has had access by virtue of

(a)the performance of his or her duties or functions under this Act, or
(b)his or her position as a person who holds or has held any office in the Directorate, and from which the identity of any person who-
(i) is or was a confidential source of information to the Directorate or
(i)is  or was an officer or support staff engaged in covert operational activities of the Directorate,

Can be inferred, and who discloses such information to any person other than a person to whom he or she is authorized to disclose it or to whom it may lawfully be disclosed, shall be guilty of an offence. Kgosi was featured in some publications claiming that there was a plot to assassinate him two weeks ago. He had allegedly shared with the said media houses pictures of his alleged perpetrators who are intelligence agents armed with weapons.

In his version on the complaint letter to the security organs, Kgosi claims that the two intelligence agents had followed him into the physiotherapy clinic where they aggressively demanded from the receptionist that they be taken to him. He further alleges that he followed and found his perpetrators parked outside; deadly armed with weapons of war including an Uzi submachine gun after their request was turned down by the receptionist at the clinic.

On the contrary, sources in the intelligence circle claim that the two officers had followed Kgosi to pass a communiqué concerning his recent raids. ”They just informed the receptionist that they were there to see him. And he came out to meet the officers outside the clinic premises.” When asked how Kgosi was able to overpower the two officers and took pictures, the source said, “They thought they were just dealing with a mature man who understands intelligence operations better.”

Merely, a week after the said article, the intelligence officers followed Kgosi at his village during her mother’s funeral and tried in vain to confiscate his phones as part of their evidence. They followed him to town a few days later still in the search of the said phone.
Other information reaching this publication is that the Directorate on Corruption and Economic Crime (DCEC) is struggling to find concrete evidence linking Kgosi to the National Petroleum Fund (NPF) scandal.

Kgosi is at the center of the alleged laundered P230m NPF though he has not been charged. He made a request for the said money from NPF; he later diverted the funds; he appointed Khulaco (Pty) to be the recipient and manager of the said sum; he made some directives on how the sum should be disbursed.

“The thing is, though it is clear Kgosi is somehow implicated, we have a difficulty in connecting him to any offence. The only thing we are pinning our hopes on is a possible charge of abuse of office and to try and see if he could have benefited from the P118m he instructed Bakang to pay to an Israel company claiming to pay for weapons for the DIS. And, remember, we are talking about Kgosi’s longtime friends here. So, it is not easy at all,” said a source close to the investigations.

On the issue of Kgosi’s old docket which has been pending before the courts for the past seven years, WeekendPost investigations have revealed that the file is with the DCEC office. The file which has been moving between the DCEC and Directorate of Public Prosecutions (DPP) offices is currently in the hands of the DCEC for further investigations.

“While the investigations are complete in many of the multiple offences labeled against Kgosi, the DCEC is still having a difficulty on the charge where he is said to have received P900 000 from the former Debswana Managing Director the late Louis Nchindo while the money trace shows the sum was deposited from UK.”

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Minister Kgafela begs self-exiled brother to return

4th August 2021
Kgafela

A heartfelt message of good wishes from Minister Mmusi Kgafela to his self-exiled brother and Bakgatla paramount chief, Kgafela Kgafela II, this week urged the latter to consider calls for his return to Botswana to visit his tribe and family.

“On behalf of our father’s people, your people, I wish to inform you that Bakgatla are thinking of you, and they miss you dearly. They request that you should find time to visit them. Please come to Botswana to spend some time with them, to see and greet them,” said Mmusi as part of his 50 years birthday message to Kgafela Kgafela II, who has vowed never to set foot in Botswana.

However, Mmusi Kgafela did not shed light on how his brother will deal with the arrest warrant, which triggers once he sets foot in Botswana.

The Bakgatla Kgosikgolo, who went on a self-imposed exile in 2012 to South Africa, faces a decade-old-plus warrant of arrest issued by the Village magistrate court after his non-appearance in Court over criminal charges relating to flogging of his subjects. Kgafela described the charges as ‘political persecution’ before jetting out to his second home in South Africa, Moruleng, where he is also a Chief.

Asked over his views on the complications around the warrant of arrest, Mmusi, a lawyer by training, said, “what people need to understand is that a warrant of arrest is not a prison sentence.”

He continued: “There is a need for reconciliation and discussions to put all these issues behind us. We need to move on. What I have also realized is that the state is not keen on pursuing the matter as they have not sought his extradition,” he said.

In 2017, the then Minister of Defence, Justice, and Security, Shaw Kgathi, told Parliament that the arrest warrant issued against Bakgatla Kgosi-kgolo is still valid.

“….because a Court order once issued remains valid and enforceable unless it is rescinded by the Court that issued it, in this case being Village Magistrate Court. It may also be revoked by a higher court being the High Court or the Court of Appeal,” Kgathi said.

As things stand, the Government will arrest Bakgatla Kgosi Kgafela II if he crosses over to Botswana, Parliament heard.

Kgathi responded to a question by the then Mochudi West Member of Parliament, Gilbert Mangole, who wanted to know if the arrest warrant imposed on Kgafela was still valid.  Further, he wanted clarity on what it would take for the Government to trigger the removal of the warrant to enable Kgosi to visit his tribe in Botswana if he so wishes.

Could Mmusi be under pressure to facilitate Kgafela’s return?

Although Mmusi denies the claim, some royal sources opine that he (Mmusi) is under pressure to help President Dr. Mokgweetsi Masisi fulfill his 2019 electoral campaign pledge to the tribe. The President had pledged that he would “not rest until their chief, Kgosi Kgafela Kgafela II, is back home.”

Mmusi, however, says Masisi has not personally engaged him on Kgafela.

Kgafela’s former lawyer, Advocate Sydney Pilane, has in the past told this publication that he suspects that as the leader of the BDP, President Masisi hopes that if he brings Kgosi Kgafela back, BaKgatla may be grateful to the BDP, and benefits might accrue in consequence.

While Mmusi says the matter will need to be discussed and dealt with, private attorney Kgosiitsile Ngakaagae who was prosecuting Kgafela, warned that there is nothing to address or facilitate.

“There is no need for political intervention. Kgosi Kgafela is officially a fugitive from Justice. It’s for the Directorate of Public Prosecutions (DPP) to issue a nolle prosequi (we shall no longer prosecute) to enable his return. Constitutionally the DPP cannot be dictated to by politicians. The matter is beyond the President unless he violates the DPP’s constitutional mandate,” charged Ngakaagae.

“An arrest is intended to bring someone to Court. Secondly, a party who has become aware that a warrant has been issued against them can apply to Court before it is implemented for it to be discharged.”

The only option for the state currently, which the state is reluctant to pursue, is to drop the charges and withdraw the warrant of arrest or decide on a deliberate non-enforcement of the warrant, according to lawyers who spoke to this publication.

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The secrecy behind BDF deployment budget

4th August 2021
President Masisi & BDF

In South Africa, President Cyril Ramaphosa recently told his parliament that the deployment of his army to Mozambique had cost close to a billion rand, with the exact figure placed at R984,368, 057. On the other hand, the Botswana government is yet to say a word on their budget concerning the deployment.

In his National Assembly report tabled last week Tuesday, Ramaphosa said:

“This serves to inform the National Assembly that I have authorized the employment of 1,495 members of the South African National Defence Force (SANDF) for service in fulfillment of an international obligation towards SADC, to assist Mozambique combat acts of terrorism and violent extremists in the Caba Delgado province. This deployment had cost close to a billion rand, with the exact figure placed at R984,368,057.”

The soldiers, he said, are expected to remain there for the next three months.

Botswana, however, is yet to publicize its expenditure. Asked by this publication over why they have not and whether they will, the Minister of Defence, Justice, and Security, Kagiso Mmusi, said they would when the time is right.

“As you may be aware, nobody planned for this. It was not budgeted for. We had to take our BDF resources to Mozambique, and we are still doing our calculations. We also need to replace what we took from the BDF to Mozambique,” he said.

This week, President Dr. Mokgweetsi Masisi revealed that the Southern African Development Community (SADC) and the Botswana government would share the sustainment of the Mozambique military combat deployment. SADC has given Botswana its share to use according to its needs.

The costs in such deployments are typically categorized into three parts-boots on the ground or handling the system, equipment, and operational sustenance logistics.

It is unknown how much combat pay, danger pay, or sustenance allowance the soldiers will get upon return. However, President Masisi has assured the soldiers that they will get their money.

Masisi has said deployment comes when the country is faced with economic challenges that have been exacerbated to a great extent by the COVID-19 Pandemic, which is inflicting enormous health, financial, and social damage to all nations.

Botswana has sent 296 soldiers who left on Monday to Mozambique to join the SADC standby force.

Parliament fumes over being snubbed

In the 1994 Lesotho mission, the Botswana Parliament was engaged after the soldiers were long deployed. A repeat of history this week saw members of parliament grilling the executive over snubbing parliament and keeping it in the dark about the Mozambique military deployment.

Zimbabwe pledges 304 soldiers

Meanwhile, Zimbabwe has pledged 304 soldiers to the SADC Standby Force Mission in Mozambique to train an infantry battalion-size unit at a time, Defence and War Veterans Affairs Minister Oppah Muchinguri-Kashiri has said.

In a statement to journalists, Minister Muchinguri-Kashiri said the contingent would consist of 303 instructors and one specialist officer to coordinate the SADC Force Headquarters in Maputo.

Minister Muchinguri-Kashiri said that in terms of Section 214 of the Constitution of Zimbabwe, Parliament would be informed accordingly.

During the Extraordinary Summit of the 16-member regional bloc held in Maputo, Mozambique, last month, member states resolved to deploy a force to help Mozambique contain insurgency in its northern provinces where terrorists have left a trail of destruction that also threatens regional peace.

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Isaac Kgosi awarded PhD

4th August 2021
FORMER DIS BOSS: ISAAC KGOSI

Former director general of the Directorate of Intelligence Service, Isaac Kgosi has been awarded doctorate in International and Diplomatic Studies by a Slovenian institution-New University after successfully defending his doctoral dissertation last year.

The institution‘s website shows that in February 2020 Kgosi defended his dissertation titled ‘Southern African Development Community [SADC] Diplomatic Conflict Management Response for Enhancing Human Security: The Case of Mozambique.’

“Faculty of government and European Studies hereby certifies that Seabelo Isaac Kgosi born in Francistown, on 15th December 1958 completed all obligations of the international and Diplomatic Studies doctoral programme on March 22,2021. On these grounds the Faculty of Government and European Studies is conferring  upon him the scientific  title of Doctor of Science in International  and Diplomatic Studies, abbr:PhD,” reads the institution’s conferment certificate dated  O6 July 2021.

Kgosi’s thesis was a study of SADC’s mediation and diplomacy in the Mozambican conflict that is mainly between the ruling Front for the Liberation of Mozambique (Frelimo) government and forces of the National Resistance (Renamo) that was once mediated by the late former president Sir Ketumile Masire in 2016 when it re-emerged after a revival by Renamo in 2012, driven by several grievances including allegations of economic marginalisation, regional economic imbalances and breach of the 1992 Rome General Peace Accords which had ended the post-independence civil war fought from 1977 to 1992. The escalation of conflict in Mozambique in early 2016 resulted in displacement of citizens in affected areas whilst thousands of people crossed the borders into Malawi and eastern Zimbabwe as refugees.

Efforts to search for and locate the document were unsuccessful at the time of going for press.

Kgosi’s curriculum vitae suggests that he has a Diploma in Mechanical Engineering and a Masters in Intelligence and Security obtained from Brunel University, a public research university located in Uxbridge, West London, United Kingdom. The latter qualification was obtained in 2007.

It is not yet known on whether Kgosi will use his qualifications to seek employment locally or internationally, or will decide to open a consultancy firm in line with his experience and academic achievements once the dust surrounding him goes way.

The former spy chief is currently fighting to clear his name in a series of cases against the state, which accuses him of owing the tax man, capturing images of the intelligence agents, as well as their identity between the 18th and 25th February 2019 as well as the identity cards of the officers engaged in a covert operation of the DIS. He is also accused of instructing Bank of Botswana (BoB) to open three bank accounts that were used to loot public funds amounting to over P100 billion together with former president Lt Gen Ian Khama.

Kgosi has countered on all the cases demanding the evidence which links him to the crimes levelled against him, all of which the state is currently struggling to submit before the courts. The state has lost and appealed the photographs case while the P100 billion case has been described as a big lie by various institutions.

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